September 20, 1991
CONGRESSIONAL RECORD SENATE
permitted to exercise autonomy under the Joint Declaration.
(2) The United States should actively seek to further United States-Hong Kong cultur- | al relations and promote bilateral ex. changes, including the negotiating and con- cluding of appropriate agreements in these matters.
(3) The Hong Kong Special Administra- tive Region should be accorded individual status as a full partner in the Fulbright Pro- gram (apart from Britain prior to July 1. | 1997 and apart from the PRC thereafter), with establishment of a Fulbright Commis- sion or functionally equivalent mechanism.
(4) The United States should actively en- courage Hong Kong residents to travel to the United States for such purposes as busi- ness, tourism, education, and scientific and academic research, in accordance with appli- cable United States and Hong Kong law.
(5) The Congressional Research Service of the Library of Congress should seek to expand educational and informational ties with the Legislative Council of Hong Kong TITLE II—THE STATUS OF HONG KONG IN UNITED STATES LAW
SEC. 201. THE STATUS OF HONG KONG IN UNITED
STATES LAW.
(a) On and after July 1, 1997, the United States shall continue to treat Hong Kong as a separate territory under United States law in those matters, such as immigration quotas, in the same manner as it does on June 30, 1997.
(b) All United States laws which apply to Hong Kong on June 30, 1997, shall continue to apply after July 1, 1997, unless and until amended or repealed according to law.
(c) The PRC's resumption of the exercise) of sovereignty over Hong Kong shall not affect United States obligations under law to Hong Kong.
(d) For all purposes, including actions in any court in the United States, the Congress approves the continuation in force of all treaties and other international agreements. including multilateral conventions, entered
into by the United States and Hong Kong before July 1, 1997, unless and until termi-
nated in accordance with law.
(e) For all purposes under the laws of the United States, including actions in any court in the United States, resumption of sovereignty by the PRC over Hong Kong shall not affect in any way the ownership of or other rights or interests in any property, tangible or intangible, or any other thing of value, owned or held in the United States on or before July 1, 1997, or thereafter ac-| quired or earned by the Hong Kong Govern- ment or Hong Kong residents and held in
(1) the state of United States-Hong Kong bilateral ties, including economic ties:
(2) the nature and extent of Hong Kong's participation in multilateral forums;
(3) the current state of United States- Hong Kong ties in transportation matters:
(4) the nature and extent of United States-Hong Kong cultural, education, sci- entific and academic exchanges, both offi- cial and unofficial;
(5) the current status of Hong Kong under United States law; and
(6) other matters affecting United States interests in Hong Kong and United States- Hong Kong relations.
SEC. 302. SUBREPORT.
S1
for individuals in other profe who find themselves in similar c stances.
Earlier this year, my colleagues, ators BENTSEN and PRYOR, intrc legislation containing a numc measures designed to simplify th sion laws. Their bill is expected the vehicle for pension simplific I am an original cosponsor o measure and continue to be a supporter of it.
My intent in offering the mea am introducing today is to shar When compiling country reports on such my colleagues a proposal that I t subjects as economic relations and human ( merits consideration as an amen: rights, the Secretary of State shall transmit to the Speaker of the House of Representation. The physicians have worked tives and the Chairman of the Committee on Foreign Relations of the Senate a sepa- rate subreport on Hong Kong.
By Mr. DASCHLE (for himself
and Mr. CHAFEE):
S. 1732. A bill to amend the Internal Revenue Code of 1988 to clarify the treatment of leased employees, and for other purposes; to the Committee on Finance.
TAX TREATMENT OF LEASED EMPLOYEES ·
● Mr. DASCHLE. Mr. President, I rise to introduce a proposal that I hope will be considered for inclusion in any major tax simplification effort this year. Joining me is my colleague from Rhode Island, Senator CHAFEE,
The proposal deals with the applica- tion of the pension tax laws and at- tempts to address the specific concerns of certain physicians in my own State and across the country. To take a brief example, we have pathologists in South Dakota who have their own practices, but who spend portions of their days or weeks supervising or di- recting laboratories in perhaps several nearby hospitals. The pathologists normally maintain a tax-qualified pen- sion or profit-sharing plan that in- cludes physicians and employees in their practices.
to the pension simplification i
to come up with a solution to concerns, and we owe it to th give it our close attention.
Mr. President, I ask that the the bill be printed in the Rɛc full following my remarks.
There being no objection. t: was ordered to be printed : RECORD, as follows:
S. 1732
Be it enacted by the Senate and H Representatives of the United St. America in Congress assembled,
SECTION 1. DEFINITION OF LEASED EMPLO
(a) IN GENERAL-Paragraph (2) of 414(n) of the Internal Revenue Code (defining leased employee) is amen read as follows:
"(2) LEASED EMPLOYER.—For purpɛ paragraph (1), the term 'leased em means any person who is not an er of the recipient and who provides substantially for the sole benefit of cipient, if—
"(A) such services are provided un or more contracts (whether oral or v between the recipient and any other (in this subsection referred to as the
organization'), pursuant to which p for such service is made, directly or i ly, by the recipient to the leasing or tion,
and related persons) for at least 1,00€ during a plan year of the recipient, an
"(B) such person has performed suc A proposed Internal Revenue Service for the recipient (or for the.re ice regulation, however, would have the effect of requiring the patholo- gists to offer the plan to employees in the hospital laboratory, as well. Iron- (f) The capacity of Hong Kong to sue and ically, these hospital employees nor- be sued in courts in the United States, in ac- mally are covered already by the hos- cordance with the law of the United States.pital's pension plan. shall not be abrogated, infringed, modified,
the United States.
denied, or otherwise affected in any way by the resumption of sovereignty by the PRC
over Hong Kong.
TITLE III—REPORTING PROVISIONS SEC. 301. REPORTING REQUIREMENT.
Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Secretary of State, after con- sultation with the United States Trade Rep- resentative and the Secretary of Commerce, shail transmit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the
Senate a report on the degree to which the Joint Declaration is being implemented in Hong Kong. The report should also discuss the state of United States-Hong Kong bilat- eral ties and the implementation of the Hong Kong policy set forth in this Act, in particular-
|
The effect of the IRS rule makes
little sense. Typically, the hospital takes care of hiring and firing, labora- tory employees and pays their salaries. Moreover, the hospital determines
their union, if the employees are their benefits and negotiates with
unionized. Application of the IRS rule to these doctors creates enormous ad- ministrative burdens and may ulti- mately result in physicians dropping their pension plans altogether.
siologists find themselves in a situa- Emergency physicians and anesthe-
tion similar to the pathologists. The proposal these physicians have ad- vanced is drafted generically and, while intended specifically to address their concerns, may also provide relief
“(C) such services are performed b person under the control of the recipi For purposes of subparagraph. (C), ‹ exists if the person's relationship to t cipient is substantially the same as i an employee to an employer."
(b) DE MINIMUS RULL-Section 41-
su
of such Code is amended by inserting end thereof the following new graph:
"(C) DE MINIMUS RULE-For purpo this subsection, a recipient may elect treat a leased employee as such an em for any plan year if such employee per services for the recipient for less tha hours during such plan year.”
(c) CONFORMING AMENDMENTS.
(1) Subparagraph (A) of section 414 of such Code is amended by striking period referred to in paragraph (2XB) inserting "the first plan year referred paragraph (2)(B)”.
(2) Subparagraph. (B) of section 414 of such Code is amended by striking for the requirements of paragraph ( and inserting "after the first plan ye ferred to in paragraph (2)(B)".
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